07.24.24

Durbin Applauds Senate Passage Of His Bipartisan Bill To Tackle Nonconsensual, Sexually-Explicit Deepfakes

The Senate unanimously passed the DEFIANCE Act on Tuesday evening

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, applauded Senate passage of his bipartisan Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act), legislation that will hold accountable those responsible for the proliferation of nonconsensual, sexually-explicit “deepfake” images and videos.

“Countless apps that can create deepfakes are often advertised as harmless entertainment. But when they’re used to create and spread deepfake nudes without the victim’s consent, the harms are very real. Current laws don’t apply to deepfakes, blatantly disregarding the trauma of women and girls victimized by this shameful crime. It’s time to give victims their day in court and the tools they need to fight back, and I urge my House colleagues to pass this bill expeditiously,” said Durbin.

In addition to Durbin, the legislation was introduced in the Senate by U.S. Senator Lindsey Graham (R-SC), Ranking Member of the Senate Judiciary Committee, and U.S. Senators Amy Klobuchar (D-MN) and Josh Hawley (R-MO). Additionally, the bill is cosponsored by U.S. Senators Chuck Schumer (D-NY), Angus King (I-ME), and Mike Lee (R-UT).

“I was glad to have been part of a bipartisan effort to deal with the growing problem of nonconsensual, sexually explicit deepfakes. Americans, particularly young women, are being exploited by this technology, which shows them in compromising, obscene situations without their consent. The DEFIANCE Act would provide civil recourse for the victims of these terrible crimes and I’m pleased it passed the Senate. I will continue to work on legislation that addresses the widespread harms occurring online. I hope there will be more to come on social media reform,” said Graham.

“Explicit AI-generated images and videos are being used to harass and undermine the reputation of Americans from all walks of life. The harm these deepfakes inflict on people is genuine and must not be tolerated. This bipartisan legislation will allow victims to seek the justice they deserve and hold perpetrators accountable,” said Klobuchar.

“The Senate has finally acted to stop exploitative AI pornography. Now it’s the House’s turn. When Americans find themselves victims of grotesque harassment and abuse, they should be able to hold the perpetrators accountable,” said Hawley.

The bill is supported by the Sexual Violence Prevention Association, the National Organization for Women, the National Center on Sexual Exploitation, the National Women’s Law Center, the National Network to End Domestic Violence, My Image My Choice, PACT, Rights4Girls, the Center for Democracy and Technology, the Software & Information Industry Association, ACT | The App Association, The Internet and Competitive Networks Association, and others.

"The Sexual Violence Prevention Association (SVPA) has spoken to victims across the country. Victims of deepfake pornography face an increased risk of sexual assault, domestic violence, stalking, unemployment, and suicide. As a victim of deepfake pornography, I know firsthand how devastating and traumatic it is. I felt helpless. There were no laws to protect me.  Now, I – and all victims – are one step closer to justice. The DEFIANCE Act is vital to preventing and addressing non-consensual deepfake pornography,” said Omny Miranda Martone, Founder and CEO of the Sexual Violence Prevention Association (SVPA).

The volume of “deepfake” content available online is increasing exponentially as the technology used to create it has become more accessible to the public. The overwhelming majority of this material is sexually explicit and is produced without the consent of the person depicted. A 2019 study found that 96 percent of deepfake videos were nonconsensual pornography.

One researcher found that:

  • The number of nonconsensual pornographic deepfake videos available online has increased ninefold since 2019;
  • Such videos have been viewed almost four billion times;
  • Monthly traffic to the top 20 deepfake sites increased by 285 percent from July 2020 to July 2023; and
  • Search engines directed 25.2 million visits to the top five most popular deepfake sites in July 2023 alone.

The bill creates a federal civil remedy for victims who are identifiable in a “digital forgery,” which is defined as an intimate visual depiction created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means that is indistinguishable from an authentic visual depiction of the individual.

A one-pager of the legislation can be found here. 

Visit this webpage for an overview of the Committee’s efforts to protect kids online, including descriptions of the pending legislation, hearings, and a timeline of events.

-30-